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Pool and spa fences

The law about having swimming pools and spas fenced in Victoria.

The laws that cover pool and spa fences are found in the Building Regulations 2006. Different laws apply depending on when the pool was built and how deep the pool is.

The owner is responsible for installing a safety fence or barrier whether or not they have any children.

Pools approved on or after 1 May 2010

New pools that were granted a building approval on or after 1 May 2010 must comply with the 'Building Code Australia 2010'. This codes states that barriers to outdoor swimming pool and spas must not use a door that leads directly to an outdoor pool as a barrier.

This new code also applies to pool or spa owners who replace an existing pool or spa fence.

Pools built on or after 8 April 1991

The laws are more strict for pools built after 8 April 1991. The barriers must comply with the Australian Standard 1926 ‘Fencing for swimming pools’.

Details of the height and locks needed for fence and barriers are stated in the regulations. The Mornington council site has clear information including diagrams about the requirements for pools built at different times

See Mornington Peninsula Shire Council—Swimming pools and spas(opens in a new window) and Part 9A, Division 2—Building Regulations 2018 (Vic)(opens in a new window).

Penalties

Councils may impose on the spot fine for each breach of the Regulations.

The maximum penalty for non-compliance is 50 penalty units.

More information

Legislation

Building Regulations 2018 (Vic)

  • Part 9A—Division 2—Existing swimming pools (built before 8 April 1991)
  • r. 147C—requirement for barriers

See Building Regulations 2018 (Vic)(opens in a new window).

Victorian Building Authority

This Authority (formerly called the Building Commission) oversees the building control system in Victoria.

See:

Kidsafe Victoria

This Victorian Government site has information about protecting children near water.

See Kidsafe Victoria—Water safety(opens in a new window).

Mornington Peninsula Shire Council

This council site has clear information about the requirements for swimming pools, including those that were built or approved before 8 April 1991.

See Mornington Peninsula Shire Council—Swimming pools and spas(opens in a new window).

Updated